Article 127 court hearing now due in February, as the government awaits answer to Article 50 legal battle

The government is currently waiting to hear back on Article 50 (Source: Getty)

Hayley Kirton

A court hearing that could cause a headache for Prime Minister Theresa May, as she plans to trigger Article 50, has been postponed until early February.

A case brought last year argues the government cannot leave the Single Market without triggering Article 127 of the European Economic Area agreement – and says it must seek approval from MPs to do so. The hearing will decide whether or not the case carries enough clout to go to a full trial.

It was initially brought by chair of pressure group British Influence Peter Wilding and lobbyist Adrian Yalland.

No official date for the hand down of the judgment has been given, but it is widely believed to be due some time this month. The country's top court has told those who have enquired that it will aim to give at least three working days' notice before the judgment is due.